(1) The following
acts by the holder of a commercial use authorization shall be violations of
this chapter and the Commissioner may revoke, suspend, modify, or refuse to
issue or renew a commercial use authorization for one or more of the following
reasons:
(a) Failure to abide by any term or
condition of a commercial use authorization, including but not limited to
failure to maintain required insurance;
(b) Providing any false, misleading, or
deceptive information to the Commissioner regarding any matter, including the
amount of market fees owed;
(c)
Engaging in any false, fraudulent, or dishonest practices in the course of
business, whether such practices are engaged in during the course of commercial
park activity or otherwise;
(d)
Failure to comply with any request for information from the Commissioner
regarding the commercial park activity authorized under this chapter;
(e) Conducting any commercial park activity
for which the person does not hold a commercial use authorization;
(f) Conducting any commercial park activity
in any state park that the person's commercial use authorization does not
include;
(g) Engaging in any
behavior that does not have a minimal impact on park resources and values and
is not otherwise approved within a commercial use authorization;
(h) Engaging in any behavior that is not
consistent with the park purpose, management plans, policies, and all laws and
regulations;
(i) Failure to timely
pay any fees owed under this chapter;
(j) Operating a commercial park activity in a
manner that:
1. Is contrary to the purposes
for which the natural, historic, recreational, and special use areas exist in a
state park; or unreasonably impairs the atmosphere of peace and tranquility
maintained in natural, historic, hospitality, recreational, or commemorative
areas in a state park;
2.
Unreasonably interferes with interpretive, visitor service, or other program
activities, or with the administrative activities of a state park;
3. Substantially impairs the operation of
public use facilities or services of state park concessioners or
contractors;
4. Presents a clear
and present danger to public health and safety; or
5. Results in significant conflict with other
existing uses of a state park.
(k) A commercial park activity requested to
be authorized is reasonably anticipated to be operated in a manner in violation
of subparagraph (1)(j) of this rule; or
(l) Conviction of or entry of a plea of
guilty by any person holding a commercial use authorization of any felony or of
a misdemeanor directly reflecting on such person's fitness to conduct
commercial park activities.
(2) A modification ordered under paragraph
(1) of this rule may make any change to the commercial use authorization that
could have been made at the issuance of the commercial use authorization,
including, but not limited to, adding terms and conditions authorized by this
chapter, modifying the term of the commercial use authorization, changing state
parks where the commercial park activity can be conducted, and altering the
scope of the authorized commercial park activity.
(3) Any action by a person who owns part or
all of a business entity that holds a commercial use authorization, including
conviction of a crime, shall be imputed to the business entity holding the
commercial use authorization.
(4)
Any hearing to revoke, suspend, refuse to renew, or modify a commercial use
authorization under this rule shall be conducted pursuant to the Uniform
Administrative Procedures Act, (T.C.A. Title 4, Chapter 5, Parts 1 through
3).
